(a)
at the time of committing the offence, or immediately before or after doing so,
the offender demonstrates towards the victim of the offence hostility based on
the victim's membership (or presumed membership) of a racial or religious group;
or

(b) the offence is motivated (wholly or partly) by hostility towards members of
a racial or religious group based on their membership of that group.

"Religious
Group"
is defined as

"a group of persons defined by reference to
religious belief or lack of religious belief."

and is
therefore potentially very wide ranging. As worded Atheists classify as a
religious group as do Satanists, Witches, and Believers in the second coming of
Elvis as well as members of the more "mainstream" religions.

It is
important to understand that these changes did not actually create any new
offences or make anything illegal that had been legal before. What the changes
did was to increase the possible sentence for certain existing criminal offences
which are committed in a Racially or Religiously Aggravated way. For example the
maximum sentence for “normal” Common Assault is six months imprisonment but for
religiously aggravated common assault the maximum sentence is up to 2 years
imprisonment. Whether an offence is religiously aggravated or not depends on the
facts of the case. If someone who happens to be a Mormon is assaulted then it is
a ”normal” assault but if they are assaulted because they are a Mormon then it
is a Religiously Aggravated Assault

Whilst
Religiously Aggravated offences of violence, quite understandably, raise extreme
concern their creation does not raise any particular issues of principle.
Ultimately violence is violence whatever its motivation. However issues of
principle and arguments about the complex and subtle interrelationship between
freedom of speech and religious insult can arise with regard to prosecutions for
Religiously Aggravated
Public Order Offences.
In particular with regard to the concept of
“insulting words or behaviour”.For a prosecution to
succeed under
Section 4A of the Public Order Act 1986 . it is necessary for the
prosecution to show that someone has been harassed, alarmed or distressed by
some words or behaviour used and also that the defendant "intended" to cause
harassment, alarm or distress. However it is possible to be convicted under
section 5 of the Public Order Act 1986.
without there necessarily being any specific complainant. For a discussion on
some of these difficulties read two Articles about Religiously Aggravated
Offences.
For an example see the case of
Norwood v DPP [2003] EWHC 1564 (Admin)

Racially
or Religiously Aggravated Offences
( This is the wording of sections 28 to 32 of the Crime and Disorder Act 1998 as
amended by section 39 of the Anti-terrorism, Crime and Security Act 2001. The
Racially Aggravated offences provisions came into force on the 30th September
1998 and the Religiously Aggravated provisions came into force on the 14th
December 2001. The provisions apply to offences after that date. )

s28 Meaning of "racially or religiously aggravated"

28. - (1)
An offence is racially or religiously aggravated for the purposes of sections 29
to 32 below if-

(a) at the
time of committing the offence, or immediately before or after doing so, the
offender demonstrates towards the victim of the offence hostility based on the
victim's membership (or presumed membership) of a racial or religious group; or

(b) the
offence is motivated (wholly or partly) by hostility towards members of a racial
or religious group based on their membership of that group.

(2) In
subsection (1)(a) above-

"membership", in relation to a racial or religious group, includes association
with members of that group;

"presumed"
means presumed by the offender.

(3) It is
immaterial for the purposes of paragraph (a) or (b) of subsection (1) above
whether or not the offender's hostility is also based, to any extent, on- any
other factor not mentioned in that paragraph

(4) In
this section "racial group" means a group of persons defined by reference to
race, colour, nationality (including citizenship) or ethnic or national origins.

(5) In
this section "religious group" means a group of persons defined by reference to
religious belief or lack of religious belief."

s29 Racially or religiously aggravated assaults

29. - (1)
A person is guilty of an offence under this section if he commits-

(a) an
offence under section 20 of the Offences Against the Person Act 1861 (malicious
wounding or grievous bodily harm);

(b) an
offence under section 47 of that Act (actual bodily harm); or

(c) common
assault,

which is
racially or religiously aggravated for the purposes of this section.

(2) A
person guilty of an offence falling within subsection (1)(a) or (b) above shall
be liable-

(a) on
summary conviction, to imprisonment for a term not exceeding six months or to a
fine not exceeding the statutory maximum, or to both;

(b) on
conviction on indictment, to imprisonment for a term not exceeding seven years
or to a fine, or to both.

(3) A
person guilty of an offence falling within subsection (1)(c) above shall be
liable-

(a) on
summary conviction, to imprisonment for a term not exceeding six months or to a
fine not exceeding the statutory maximum, or to both;

(b) on
conviction on indictment, to imprisonment for a term not exceeding two years or
to a fine, or to both.

s30 Racially or religiously aggravated criminal damage.

30. - (1)
A person is guilty of an offence under this section if he commits an offence
under section 1(1) of the Criminal Damage Act 1971 (destroying or damaging
property belonging to another) which is racially or religiously aggravated for
the purposes of this section.

(2) A
person guilty of an offence under this section shall be liable-

(a) on
summary conviction, to imprisonment for a term not exceeding six months or to a
fine not exceeding the statutory maximum, or to both;

(b) on
conviction on indictment, to imprisonment for a term not exceeding fourteen
years or to a fine, or to both.

(3) For
the purposes of this section, section 28(1)(a) above shall have effect as if the
person to whom the property belongs or is treated as belonging for the purposes
of that Act were the victim of the offence.

s31 Racially or religiously aggravated public order offences

31. - (1)
A person is guilty of an offence under this section if he commits-

(a) an
offence under section 4 of the Public Order Act 1986 (fear or provocation of
violence);

(b) an
offence under section 4A of that Act (intentional harassment, alarm or
distress); or

(c) an
offence under section 5 of that Act (harassment, alarm or distress),

which is
racially or religiously aggravated for the purposes of this section.

(2) A
constable may arrest without warrant anyone whom he reasonably suspects to be
committing an offence falling within subsection (1)(a) or (b) above.

(3) A
constable may arrest a person without warrant if-

(a) he
engages in conduct which a constable reasonably suspects to constitute an
offence falling within subsection (1)(c) above;

(b) he is
warned by that constable to stop; and

(c) he
engages in further such conduct immediately or shortly after the warning.

The
conduct mentioned in paragraph (a) above and the further conduct need not be of
the same nature.

(4) A
person guilty of an offence falling within subsection (1)(a) or (b) above shall
be liable-

(a) on
summary conviction, to imprisonment for a term not exceeding six months or to a
fine not exceeding the statutory maximum, or to both;

(b) on
conviction on indictment, to imprisonment for a term not exceeding two years or
to a fine, or to both.

(5) A
person guilty of an offence falling within subsection (1)(c) above shall be
liable on summary conviction to a fine not exceeding level 4 on the standard
scale.

(6) If, on
the trial on indictment of a person charged with an offence falling within
subsection (1)(a) or (b) above, the jury find him not guilty of the offence
charged, they may find him guilty of the basic offence mentioned in that
provision.

(7) For
the purposes of subsection (1)(c) above, section 28(1)(a) above shall have
effect as if the person likely to be caused harassment, alarm or distress were
the victim of the offence.

s32 Racially or religiously aggravated harassment etc

32. - (1)
A person is guilty of an offence under this section if he commits-

(a) an
offence under section 2 of the Protection from Harassment Act 1997 (offence of
harassment); or

(b) an
offence under section 4 of that Act (putting people in fear of violence),

which is
racially or religiously aggravated for the purposes of this section.

(2) In
section 24(2) of the 1984 Act (arrestable offences), after paragraph (o) there
shall be inserted-

"(p) an
offence falling within section 32(1)(a) of the Crime and Disorder Act 1998
(racially- or religiously aggravated harassment);".

(3) A
person guilty of an offence falling within subsection (1)(a) above shall be
liable-

(a) on
summary conviction, to imprisonment for a term not exceeding six months or to a
fine not exceeding the statutory maximum, or to both;

(b) on
conviction on indictment, to imprisonment for a term not exceeding two years or
to a fine, or to both.

(4) A
person guilty of an offence falling within subsection (1)(b) above shall be
liable-

(a) on
summary conviction, to imprisonment for a term not exceeding six months or to a
fine not exceeding the statutory maximum, or to both;

(b) on
conviction on indictment, to imprisonment for a term not exceeding seven years
or to a fine, or to both.

(5) If, on
the trial on indictment of a person charged with an offence falling within
subsection (1)(a) above, the jury find him not guilty of the offence charged,
they may find him guilty of the basic offence mentioned in that provision.

(6) If, on
the trial on indictment of a person charged with an offence falling within
subsection (1)(b) above, the jury find him not guilty of the offence charged,
they may find him guilty of an offence falling within subsection (1)(a) above.

(7)
Section 5 of the Protection from Harassment Act 1997 (restraining orders) shall
have effect in relation to a person convicted of an offence under this section
as if the reference in subsection (1) of that section to an offence under
section 2 or 4 included a reference to an offence under this section